← Library
Bombay High CourtWP/11351/2021disposed off

Neha Nagnath Koli And Another v. Scheduled Tribe Certificate Scrutiny Committee And Another

2021-10-11Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

1 wp 11351.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11351 OF 2021 Neha Nagnath Koli and another .. Petitioners

Versus

Scheduled Tribe Certificate Scrutiny Committee and another .. Respondents Shri Sagar S. Phatale, Advocate for Petitioners. Mrs. M. A. Deshpande, Addl.G.P. for Respondent Nos. 1 and 2. CORAM :

S. V. GANGAPURWALA AND R. N. LADDHA, JJ.

DATE :

11TH OCTOBER, 2021.

FINAL ORDER :

.

Issue notice to respondents. The learned Additional Government Pleader accepts notice for both respondents. 2.

In the normal course, we would not have entertained the present petition even for a moment. The petitioner has already filed appeal and the same is pending before the Scrutiny Committee. The learned counsel submits that, on 13th October, 2021 the examination of TET is scheduled and for that purpose tribe certificate is necessary. The father and grand father of the petitioner are issued with tribe certificate of Koli Mahadev (Scheduled Tribe). The school record of the petitioner's father and petitioner record tribe as Koli Mahadev. The Sub Divisional Officer has rejected the proposal only on the ground that said

2 wp 11351.21 documents are after notification.

3.

At this stage of issuance of tribe certificate only prima facie satisfaction is necessary. The father and grand father of the petitioner are issued with the tribe certificates of Koli Mahadev (S.T.). Considering exigency in the matter, we exercise our jurisdiction.

4.

The Sub Divisional Officer, Osmanabad shall issue tribe certificate to the petitioner as belonging to Koli Mahadev (Scheduled Tribe) immediately. The writ petition is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] bsb/Oct.21